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Bombay High Court Allows Second Appeal in Specific Performance Suit — Agreement to Repurchase Not Enforceable. Receipt for Reconveyance Does Not Constitute a Valid Contract for Sale Under Section 54 of Transfer of Property Act, 1882, and Suit Barred by Limitation.

The dispute pertains to a suit for specific performance of an alleged agreement to repurchase suit land. The plaintiff, Dattu Kadu Aher, originally mo...

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Bombay High Court Allows Amendment of Plaint in Property Dispute Between Siblings. Court holds that amendment seeking to add alternative claim for partition and separate possession does not change the nature of the suit and is necessary for effective adjudication.

The petitioners, Barkatali Abdul Razzak Kazi, Noorjahan Gafoor Shijwalkar, and Aishabi Jabbar Thakur, filed a writ petition in the Bombay High Court c...

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Bombay High Court Dismisses Condonation of Delay Application by Municipal Corporation Due to Lack of Sufficient Cause. Delay of 235 Days in Filing Appeal Not Explained with Affidavit or Proper Grounds, Limitation Act, 1963 Section 5.

The Municipal Corporation of Greater Mumbai filed an application for condonation of delay of 235 days in filing a first appeal against a decision of t...

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High Court Examines Maintainability of Writ Petition Challenging Execution of MSME Arbitral Award on Grounds of Fraud. Court Considers Whether Execution Proceedings Can Be Quashed When Award Was Not Challenged Under Section 34 of Arbitration Act, 1996, Despite Participation in Arbitration.

The petitioner, Karnataka State Medical Supplies Corporation Limited, floated a tender for supply of drugs and disposable delivery kits. The responden...

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Bombay High Court Partly Allows Tenant's Petition Challenging Eviction Decree Under Maharashtra Rent Act, 1999 — Notice Under Section 15 Held Valid Despite Inclusion of Time-Barred Rent Claim, but Eviction on Bonafide Need Set Aside as Landlord Gave Up That Ground.

The petitioner, a tenant, filed a writ petition under Articles 226 and 227 of the Constitution of India challenging the judgment and order dated 27/4/...

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Bombay High Court Dismisses Arbitration Petition as Time-Barred Under Section 34 of Arbitration and Conciliation Act, 1996 — Petition Filed Beyond Three-Month Limitation Period Without Sufficient Cause for Delay.

The petitioner, M/s. Adityasai Cotspin Pvt. Ltd., filed a petition under Section 34 of the Arbitration and Conciliation Act, 1996 in the Bombay High C...

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High Court of Karnataka Dismisses/Allows Appeal in Specific Performance Suit. Readiness and Willingness Under Section 16(c) of Specific Relief Act, 1963 Evaluated.

This regular first appeal under Section 96 of the Code of Civil Procedure, 1908 challenged the judgment and decree dated 20.11.2012 passed by the Seni...